New Hampshire
| Code | Subject Matter |
| Code § 169-B:34 | Delinquent Children: Court Sessions; Access to Information |
| Code § 169-B:35 | Delinquent Children: Juvenile Case and Court Records |
| Code § 169-B:35-a | Delinquent Children: Access to Information by Victims of Violent Crime |
| Code § 169-B:36 | Delinquent Children: Penalty for Disclosure of Juvenile Records |
| Code § 169-B:37 | Delinquent Children: Publication of Delinquency Restricted |
| Code § 169-B:38 | Delinquent Children: Penalty for Forbidden Publication |
| Code § 169-C:25 | Child Protection Act: Confidentiality |
| Code § 169-C:34-a | Child Protection Act: Multidisciplinary Child Protection Teams |
| Code § 169-C:38 | Child Protection Act: Report to Law Enforcement Authority |
| Code § 169-D:25 | Children in Need of Services: Case and Court Records |
| Code § 169-D:4 | Children in Need of Services: Venue |
| Code § 169-D:5 | Children in Need of Services: Petition |
| Code § 169-D:6 | Children in Need of Services: Issuance of Summons and Notice |
| Code § 169-D:7 | Children in Need of Services: Failure to Appear; Warrant |
| Code § 169-D:8 | Children in Need of Services: Temporary Custody |
| Code § 170-G:8-a | Services for Children, Youth and Families: Record Content; Confidentiality; Rulemaking |
TITLE XII Public Safety and Welfare
CHAPTER 169-B Delinquent Children
RSA 169-B:34 (2009)
169-B:34 Court Sessions; Access to Information.
I. (a) All juvenile cases shall be heard separately from the trial of criminal cases, and such hearing shall be held wherever possible in rooms not used for such trials. Only such persons as the parties, their witnesses, their counsel, the victim, a victim witness advocate or other person chosen by the victim, the county attorney, the attorney general and the representatives of the agencies present to perform their official duties shall be admitted; provided, however, that if the witness is under 16 years of age, the witness' parent or other appropriate adult shall be permitted to be present during the witness' testimony. In those cases where the delinquent act complained of would constitute a felony if the act of an adult, the attorney general and the county attorney of the county in which the offense took place shall receive notice thereof by the court.
(b) For the purpose of this section, "victim" means a person who suffers direct physical, emotional, psychological, or economic harm as a result of the commission of a crime or delinquent act. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim.
II. If the victim is unable to attend the hearing under paragraph I, the prosecution, upon request of the victim, may disclose to the victim information disclosed at the hearing.
III. At any time after the diversion or arraignment of a juvenile, the following information regarding the juvenile shall be disclosed to the victim, and may be disclosed to the victim's immediate family, upon the request of the victim or the victim's immediate family, by a law enforcement agency or the prosecution:
(a) Name.
(b) Age.
(c) Address.
(d) Gender.
(e) Offense charged.
(f) Custody status.
(g) Adjudicatory status and disposition.
IV. It shall be unlawful for a victim or any member of the victim's immediate family to disclose any confidential information to any person not authorized or entitled to access such confidential information. Any person who knowingly discloses such confidential information shall be guilty of a misdemeanor.
169-B:35 Juvenile Case and Court Records.
I. All case records, as defined in RSA 170-G:8-a, relative to delinquency, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a.
II. Court records of proceedings under this chapter, except for those court records under RSA 169-B:36, II, shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by officers of the institution where the minor is committed, juvenile probation and parole officers, a parent, a guardian, a custodian, the minor's attorney, the relevant county, and others entrusted with the corrective treatment of the minor. Additional access to court records may be granted by court order or upon the written consent of the minor. Once a delinquent reaches 21 years of age, all court records and individual institutional records, including police records, shall be closed and placed in an inactive file.
III. Notwithstanding paragraphs I and II:
(a) Police officers and prosecutors involved in the investigation and prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency, including the files of persons who at the time of the inquiry are over the age of 17, and to utilize for the purposes of investigation and prosecution of criminal cases police investigative files on acts of juvenile delinquency, including information from police reports, exemplars, and forensic investigations.
(b) Prosecutors involved in the prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency or records of adjudications of delinquency, including the files of persons who at the time of the inquiry are over the age of 17, if the prosecutor has reason to believe that the individual may be a witness in a criminal case. The prosecutor may disclose the existence of an adjudication for juvenile delinquency only when such disclosure is constitutionally required or after the court having jurisdiction over the criminal prosecution orders its disclosure.
(c) [Repealed.]
(d) Pursuant to RSA 651-B, the department of safety shall disclose registration information to law enforcement agencies for juveniles if the court has found that the juvenile is required to register as a sexual offender or offender against children. In no event shall any juvenile required to register be listed on the list of sexual offenders and offenders against children made available to the public pursuant to RSA 651-B:7.
169-B:35-a Access to Information by Victims of Violent Crime.
I. For the purposes of this section:
(a) "Victim" shall mean a person who suffers direct physical, emotional, or psychological harm as a result of the commission of a violent crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim.
(b) "Immediate family" shall mean a victim's spouse, parent, sibling, or child; a person acting in loco parentis for the victim; or anyone related to the victim by blood or marriage and living in the same household as the victim.
(c) "Violent crime" shall mean capital, first-degree or second-degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first-degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, as these crimes are defined by statute.
II. In cases where a minor is charged with a violent crime and in addition to the provisions of RSA 169-B:34, a victim of violent crime shall have the rights provided in this paragraph. Upon request to the prosecution, the victim shall be entitled to the following:
(a) Prior to the disposition of the minor pursuant to RSA 169-B:19 or a transfer hearing pursuant to RSA 169-B:24, to:
(1) Be informed of the name, age, address, and custody status of the minor arraigned or adjudicated for the violent crime;
(2) Be informed of all court proceedings conducted pursuant to RSA 169-B;
(3) Confer with the prosecution and be consulted about the disposition of the case, including plea bargaining;
(4) Be informed of case progress and final disposition;
(5) Have input in the juvenile predispositional report;
(6) Appear and make a written or oral victim impact statement at the dispositional hearing or, in the case of a plea bargain, prior to any plea bargain agreement; and,
(7) Be informed of an appeal, receive an explanation of the appeal process, and receive notice of the result of the appeal.
(b) Subsequent to the disposition of a minor adjudicated for a violent crime, the victim shall receive notice of all review hearings conducted pursuant to RSA 169-B:31 and notice of any change in placement, temporary release or furlough, interstate transfer, parole, runaway, escape, or release of the minor.
(c) (1) When the court's jurisdiction over a minor adjudicated for a violent crime terminates pursuant to RSA 169-B:4 or 169-B:19, the victim and the arresting law enforcement agency shall receive notice of the termination of the court's jurisdiction and any information concerning the minor's intended residence.
(2) The court may authorize the arresting law enforcement agency to provide information concerning the location of the minor's intended residence to the law enforcement agency of that location if public safety requires such notification.
III. [Repealed.]
IV. It shall be unlawful for a victim or member of a law enforcement agency to disclose any confidential information to any person not authorized or entitled to access such confidential information. Any person who knowingly discloses such confidential information shall be guilty of a misdemeanor.
V. (a) Except as expressly provided in this section or RSA 169-B:34, nothing in this section shall be construed to provide victims with the right to attend proceedings conducted pursuant to RSA 169-B, 170-H, or 621; to participate in decisions concerning the changes in placement, temporary release or furlough, interstate transfer, parole, or release of a minor adjudicated of a violent crime; or to have direct access to the case records or the court records of a minor adjudicated for a violent crime.
(b) Nothing in this section or RSA 169-B:34 shall be construed as creating a cause of action against the state, a county or municipality, or any of their agencies, instrumentalities or employees, or private providers of residential services to adjudicated delinquents.
(c) Nothing in this section or RSA 169-B:34 shall be construed as creating any new cause of action or new remedy or right for a criminal defendant.
169-B:36 Penalty for Disclosure of Juvenile Records.
I. It shall be unlawful for any person to disclose court records or any part thereof to persons other than those persons entitled to access under RSA 169-B:35, except by court order. Any person who knowingly violates this provision shall be guilty of a misdemeanor. This prohibition shall not be construed to prevent publication as provided in RSA 169-B:37.
II. Notwithstanding paragraph I, in cases involving a violent crime as defined in RSA 169-B:35-a and when the petition is found to be true, the following information may be disclosed by the court clerk after the adjudicatory hearing:
(a) The name and address of the juvenile charged.
(b) The specific offense found by the court to be true.
(c) The custody status of the juvenile.
(d) The final disposition ordered by the court.
Information provided in subparagraphs (c) and (d) shall not identify the name or address of private providers of residential or other services to the juvenile.
169-B:37 Publication of Delinquency Restricted.
I. It shall be unlawful for any newspaper to publish, or any radio or television station to broadcast or make public the name or address or any other particular information serving to identify any juvenile arrested, without the express permission of the court; and it shall be unlawful for any newspaper to publish, or any radio or television station to make public, any of the proceedings of any juvenile court. Nothing in this section or RSA 169-B:35 and RSA 169-B:36 shall be construed to prevent publication without using the name of the delinquent of information which shall be furnished by the court about the disposition of a case when the delinquent act would constitute a felony if it were the act of an adult.
II. Notwithstanding paragraph I, the police, with the written approval of the county attorney or the attorney general, may release to the news media the name and photograph of the juvenile if:
(a) The juvenile has escaped from court-ordered custody; and
(b) The juvenile has not been apprehended and there is good cause to believe the juvenile presents a serious danger to the juvenile or to public safety.
169-B:38 Penalty for Forbidden Publication.
The publisher of any newspaper or the manager, owner or person in control of a radio or television station or agent or employee of any of the above who violates any provision of RSA 169-B:37 shall be guilty of a misdemeanor.
TITLE XII Public Safety and Welfare
CHAPTER 169-C Child Protection Act
RSA 169-C:25 (2009)
I. (a) The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by the parties, child, parent, grandparent pursuant to subparagraph (b), guardian, custodian, attorney, or other authorized representative of the child.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for requesting access and shall give notice of such request to all parties to the case and the minor's parents. Any party to the case or parent may object to the grandparent's request within 10 days of the filing of the request. If no objection is made, and for good cause shown, the grandparent's request may be granted by the court. If an objection is made, access may be granted only by court order.
II. It shall be unlawful for any person present during a child abuse or neglect hearing to disclose any information concerning the hearing that may identify a child or parent who is involved in the hearing without the prior permission of the court. Any person who knowingly violates this provision shall be guilty of a misdemeanor.
III. All case records, as defined in RSA 170-G:8-a, relative to abuse and neglect, shall be confidential, and access shall be provided pursuant to RSA 170-G:8-a.
169-C:34-a Multidisciplinary Child Protection Teams.
I. The department of health and human services may enter into formal cooperative agreements with appropriate agencies and organizations to create multidisciplinary child protection teams to assist with the investigation and evaluation of reports of abuse and neglect under this chapter.
II. Multidisciplinary child protection team members may include licensed physical and mental health practitioners, educators, law enforcement officers, representatives from the local child advocacy center, social workers, and such other individuals as may be necessary to assist with the investigation and evaluation of reports of abuse or neglect.
III. The department may share information from its case records to the extent permitted by law with members of a multidisciplinary child protection team in order to assist the team with its investigation and evaluation of a report of abuse or neglect. Multidisciplinary child protection team members shall be required to execute a confidentiality agreement and shall be bound by the confidentiality provisions of RSA 169-C:25 and RSA 170-G:8-a.
IV. The department, in conjunction with the department of justice and the New Hampshire Network of Children's Advocacy Centers, shall develop a written protocol for multidisciplinary child protection team investigations. The purpose of the protocol shall be to ensure the coordination and cooperation of the agencies involved in multidisciplinary child protection team investigations, to increase the efficiency in the handling of these cases, and to minimize the impact on the child of the legal and investigatory process. The protocol developed shall be reviewed and, if necessary, revised not less than once every 3 years. The department shall forward a copy of the approved protocol to the speaker of the house of representatives, the senate president, and the governor by November 1 of the year in which they were approved and revised.
169-C:38 Report to Law Enforcement Authority.
I. The department shall immediately by telephone or in person refer all cases in which there is reason to believe that any person under the age of 18 years has been: (a) sexually molested; (b) sexually exploited; (c) intentionally physically injured so as to cause serious bodily injury; (d) physically injured by other than accidental means so as to cause serious bodily injury; or (e) a victim of a crime, to the local law enforcement agency in the community in which the acts of abuse are believed to have occurred. The department shall also make a written report to the law enforcement agency within 48 hours, Saturdays, Sundays and holidays excluded. A copy of this report shall be sent to the office of the county attorney.
II. All law enforcement personnel and department employees shall cooperate in limiting the number of interviews of a child victim and, when appropriate, shall conduct joint interviews of the child. Employees of the department shall share with the investigating police officers all information in their possession which it is lawful for them to disclose to a law enforcement agency. Investigating police officers shall not use or reveal any confidential information shared with them by the department except to the extent necessary for the investigation and prosecution of the case.
III. No staff member of the department shall be held civilly or criminally liable for a telephone referral or a written report made under paragraph I.
IV. Law enforcement personnel or department employees who are trained caseworkers shall have the right to enter any public place, including but not limited to schools and child care agencies, for the purpose of conducting an interview with a child, with or without the consent or notification of the parent or parents of such child, if there is reason to believe that the child has been:
(a) Sexually molested.
(b) Sexually exploited.
(c) Intentionally physically injured so as to cause serious bodily injury.
(d) Physically injured by other than accidental means so as to cause serious bodily injury.
(e) A victim of a crime.
(f) Abandoned.
(g) Neglected.
V. For any interview conducted pursuant to paragraph IV, the interview with the child shall be videotaped if possible. If the interview is videotaped, it shall be videotaped in its entirety. If the interview cannot be videotaped in its entirety, an audio recording of the entire interview shall be made.
TITLE XII Public Safety and Welfare
CHAPTER 169-D Children in Need of Services
RSA 169-D:25 (2009)
169-D:25 Case and Court Records.
I. All case records, defined in RSA 170-G:8-a, relative to children in need of services, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a.
II. The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a parent, a guardian, a custodian, the relevant county, the minor's attorney and others entrusted with the supervision of the child. Additional access to court records may be granted by court order or upon the written consent of the minor. Once a child in need of services reaches 18 years of age, all court and police records shall be destroyed.
TITLE XII Public Safety and Welfare
CHAPTER 169-D Children in Need of Services
RSA 169-D:4 (2009)
I. Proceedings under this chapter may be originated in any judicial district in which the child is found or resides.
II. By the court, upon its own motion, or that of any party, proceedings under this chapter may, upon notice and acceptance, be transferred to another court as the interests of justice or convenience of the parties require.
III. When a child who is on conditional release moves from one political subdivision to another, the court may transfer, upon notice and acceptance, to the court with jurisdiction over the political subdivision of the child's new residence, if such transfer is in the best interest of the child.
I. A petition alleging a child is in need of services may be filed by a parent, legal guardian or custodian, school official, or law enforcement officer with a judge or clerk of the court in the judicial district in which the child is found or resides. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold red ink in no smaller than 14 point font size: "See back for important information and financial obligations." The back of the petition shall include a notice of liability for parents and other individuals chargeable by law for the child's support and necessities.
II. To be legally sufficient, the petition must set forth with particularity, but not be limited to, the date, time, manner and place of the conduct alleged and should state the statutory provision alleged to have been violated.
III. If the parents of a child are filing the petition, they shall include information which shows that the child and family have sought to resolve the expressed problem through available community alternatives, that the problem still remains, and that court intervention is needed.
IV. No acts which qualify as delinquent acts as described in RSA 169-B:2, IV shall be included in any petition filed under this chapter.
V. Except as provided in paragraph VI, when a school official is filing the petition, information shall be included which shows that the legally liable school district has sought to resolve the expressed problem through available educational approaches, that the school district has sought to engage the parents or guardian in solving the problem but they have been unwilling or unable to do so; that the problem remains, and that court intervention is needed.
VI. When a school official is filing a petition involving a child with a disability pursuant to RSA 186-C, he or she shall include information which demonstrates that the legally liable school district:
(a) Has determined that the child has a disability; and
(b) Has reviewed for appropriateness the child's current individualized education program (IEP) and placement, and has made modifications where appropriate.
VII. Using local law enforcement personnel, the court shall serve both parents, and any other individual chargeable by law for the child's support, with a copy of any petition filed under this section. The court shall request the appropriate contact information from the party filing the petition.
169-D:6 Issuance of Summons and Notice.
I. After a legally sufficient petition has been filed, the court shall, unless the case is referred to diversion or a consent order is entered and approved, schedule an initial appearance, and issue a summons including a copy of the petition, to be served personally upon the person having custody or control of the child or with whom the child may be, requiring that person to appear with the child on the specified date and time. If personal service is not possible, service shall occur at the usual place of abode of the person having custody or control of the child or with whom the child may be, requiring that person to appear with the child at a specified place and time which time shall not be less than 24 hours after service. If the person so notified is not the parent or guardian of the child, then a parent or guardian shall be notified, provided they and their residence are known, or if there is neither parent nor guardian, or their residence is not known, then some relative, if there be one and the residence is known.
II. A copy of the petition shall be attached to each summons or incorporated therein.
III. The summons shall state as follows: "Pursuant to RSA 169-D:29, parents and other individuals chargeable by law for the child's support and necessities may be liable for expenses incurred in this proceeding including the costs of certain evaluations and placements. RSA 186-C regarding children with disabilities grants children and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided."
169-D:7 Failure to Appear; Warrant.
I. Any person summoned who, without reasonable cause, fails to appear with the child, may be proceeded against as in case of contempt of court.
II. If a summons cannot be served or the party served fails to obey the same, and in any case where it appears to the court that such summons will be ineffectual, a warrant may be issued for the child's appearance or for the appearance of anyone having custody or control of the child or for both.
A child may be taken into temporary custody:
I. Pursuant to a court order; or
II. By a police officer or juvenile probation and parole officer when there are reasonable grounds to believe that a child has run away from his parents, guardian, or other custodian; or the circumstances are such as to endanger the child's health or welfare unless immediate action is taken.
TITLE XII Public Safety and Welfare
CHAPTER 170-G Services for Children, Youth and Families
General Provisions
RSA 170-G:8-a (2009)
170-G:8-a Record Content; Confidentiality; Rulemaking.
I. The case records of the department consist of all official records, regardless of the media upon which they are retained, created by the department of health and human services in connection with a report received pursuant to RSA 169-C:29, or cases brought under RSA 169-B, 169-C, 169-D, or 463, or services provided to the child or family without a court order pursuant to RSA 170-G:4, including intake and assessment reports, service or case plans, case logs, termination reports and a list of persons or entities providing reports to the department or services to the child or family. Such records do not include:
(a) Records created as part of an action brought pursuant to RSA 170-B or 170-C.
(b) Records submitted to or maintained by the courts, or records created by third parties, such as psychologists, physicians, and police officers, even if such records are prepared or furnished at the request of the department. Requests for access to court records and records created by third parties may be made directly to the court or to the third party who created the record. Nothing in this section shall restrict or limit access to records filed pursuant to RSA 169-C:12-b.
(c) Reports contained in the central registry of abuse and neglect reports maintained pursuant to RSA 169-C:35.
(d) The name of a person who makes a report of suspected abuse or neglect of a child pursuant to RSA 169-C:29, or any information which would identify the reporter.
II. The case records of the department shall be confidential.
(a) The department shall provide access to the case records to the following persons unless the commissioner or designee determines that the harm to the child named in the case record resulting from the disclosure outweighs the need for the disclosure presented by the person requesting access:
(1) The child named in the case record.
(2) The parent of the child named in the case record, as defined in RSA 169-C:3, XXI.
(3) The guardian or custodian of the child named in the case record.
(4) Another member of the family of the child named in the case record, if disclosure is necessary for the provision of services to the child or other family member.
(5) Employees of the department and legal counsel representing employees of the department for the purpose of carrying out their official functions.
(6) Persons made parties to judicial proceedings in New Hampshire relative to the child or family, whether civil or criminal, including the court with jurisdiction over the proceeding, any attorney for any party, and any guardian ad litem appointed in the proceeding.
(7) A grand jury, upon its determination that access to such records is necessary in the conduct of its official business.
(8) The relevant county.
[Subparagraph (9) effective July 21, 2009.]
(9) Another state's child welfare agency, law enforcement agency, or other government entity that requires the information in order to carry out its responsibility under law to protect children from abuse or neglect.
(b) The department shall disclose information from case records or provide access to case records to the following persons or entities, if such information or access is not harmful to the child and is necessary in order to enable the person or entity requesting information or access to evaluate or provide services, treatment or supervision to the child named in the case record or to the family:
(1) A person or entity requested by the department or ordered by the court to perform an evaluation or assessment on or to create a service plan for the child named in the case record, the child's family, or an individual member of the child's family.
(2) A person or entity requested by the department or ordered by the court to provide services to the child named in the case record or the child's family.
(3) The superintendent of schools for the school district in which the child named in the case record is then, or will, according to the child's case plan, be attending school.
(4) The person or entity with whom the child resides, if that person is not the child's parent, guardian, or custodian.
III. The commissioner shall adopt rules, pursuant to RSA 541-A, governing the procedures regulating access to all of the records of the department. Such rules shall contain provisions relative to:
(a) Access to case records by persons named in paragraph II of this section.
(b) Access to case records by a physician who has examined a child who the physician reasonably suspects may be abused or neglected.
(c) Access to case records by a law enforcement official who reasonably suspects that a child may be abused or neglected, and who is participating with the department in a joint investigation.
(d) Access to case records by a state official who is responsible for the provision of services to children and families, or a legislative official who has been statutorily granted specific responsibility for oversight of enabling or appropriating legislation related to the provision of services to children and families, for the purposes of carrying out their official functions, provided that no information identifying the subject of the record shall be disclosed unless such information is essential to the performance of the official function, and each person identified in the record or the person's authorized representative has authorized such disclosure in writing.
(e) Access to case records by a person conducting a bona fide research or evaluation project, provided that no information identifying the subject of the record shall be disclosed unless such information is essential to the purpose of the research, each person identified in the record or an authorized representative has authorized such disclosure in writing, and the department has granted its approval in writing.
(f) Access to case records by any person making a report of suspected child abuse or neglect pursuant to RSA 169-C:29, provided that such disclosure is limited to information about the status of the report under investigation, or information reasonably required to protect the safety of such person.
(g) Access to all other records of the department which are not case records as defined in paragraph II.
IV. Additional access to case records and all other records of the department shall be granted pursuant to the terms of a final order issued by a court of competent jurisdiction.
V. It shall be unlawful for any person entrusted with information from case records to disclose such records or information contained in them. Notwithstanding the previous sentence, it shall not be unlawful for a parent or child to disclose case records or the information contained in them to persons providing counsel to the child or family. It shall be unlawful for any person who receives case records or the information contained in them from a parent or a child to disclose such records or information. Any person who knowingly discloses case records or information contained in them in violation of this paragraph shall be guilty of a misdemeanor.
VI. Notwithstanding the foregoing:
(a) Any person who is entitled to access a case record pursuant to this section may share such information with any other person entitled to access pursuant to this section, unless the commissioner or a designee shall specifically prohibit such additional disclosure in order to prevent harm to a child.
(b) Nothing in this section shall be construed to require access to any records in violation of the order of a court of competent jurisdiction.